Basketball Operations Manual - Basketball New Zealand

a specified date, failing which, the Team will not be eligible to participate in any one or
more future games in that League Playing Season.
16.3 The Board may regulate its own procedure in the consideration of any alleged breaches
and the imposition of a sanction in terms of clause 16.1 and 16.2.
16.4 The procedure specified in clause 16.2 shall be separate to the BBNZ judicial procedures applying
to an Offence in terms of the BBNZ Boards Procedures and Operations Manual.
16.5 Upon expiry or termination of this agreement for any reason, all rights of the Franchisee
granted by this agreement terminate; and
(a) the Franchisee will not be entitled to receive any rebate or refund of the whole or
any part of the money paid pursuant to this agreement;
(b) the Franchisee will pay to NBLL all outstanding money payable under this agreement;
and
(c) the Franchisee will stop all use of any intellectual property in relation to the National
Basketball League; and
(d) if required by NBLL, the Franchisee will remove, obliterate or cover up all and any
signage, decor and other features associated with the National Basketball League;
and
(e) the Franchisee will terminate any registration, record or public entry which indicates
any association of the Franchisee with NBLL or the National Basketball
League; and
(f) the rights of the Franchisee pursuant to clause 12 are terminated; and
(g) the Franchisee grants to NBLL a first option to take over the assets of the Business
at such price as the parties may agree or, failing agreement, as may be fixed
by arbitration. If the Termination occurs during the League Playing Season before
completion of the games in which the Team will participate, then the Franchisee
grants to NBLL a licence to immediately take possession of the assets of the Business
until a decision is made by NBLL on whether or not to purchase the Business
and to utilise the same as NBLL decides in its sole discretion whether the Team
shall continue to participate in that League Playing Season. NBLL shall have no
obligations or be responsible for any liabilities in respect of the assets of the Business
except those incurred by NBLL itself in continuing to operate the Team from
the date of Termination of the Franchise. The licence fee payable by NBLL to the
Franchisee shall be the sum of $1.00 plus GST for the balance of the Term (being
the balance of the League Playing Season) or until NBLL purchases the assets of
the Business or advises that the Franchisee that it does not wish to purchase such
assets; and
(h) NBLL may amend the League Competition Table points earned by the Team in
that League Playing Season to such extent as it sees fit.
16.6 A Franchisee may at any time, by giving three months notice in writing to the Board, surrender
its Franchise, but shall continue to be liable for all monies due by it to NBLL.
17 No Joint Venture
17.1 The Franchisee agrees to conduct the Business as an independent proprietor in its own
name. Nothing in this agreement establishes the Franchisee an agent, partner, joint
venture, subcontractor, agent or employee of NBLL or BBNZ.
38 2007 NBL Operations and Rules Manual